Tribunal Adjusts Market Rent After Considering Property Condition

OUTCOME: Allowed

© CROWN COPYRIGHT Case Reference : BIR/00FY/MNR/2025/0624 Property : 25 [ADDRESS] [POSTCODE] Tenant : [NAME] and [APPELLANT] [NAME] Landlord : [APPELLANT] Landlord’s agent : None Date of application : 2nd March 2025 Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr [NAME] Mrs [NAME] of Decision : 17th July 2025 _______________________________________________

DECISION The Tribunal determines a rent of £1,200.00 per month with effect from 1st May 2025 ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

REASONS FOR THE

DECISION Background 1. On 22nd February 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,250.00 per month in place of the existing rent of £750.00 to take effect from 24th March 2025. The landlord realised that the original notice served was invalid as the proposed date for the new rent was not at the start of a rental period. A further notice was served dated 18th March 2025 proposing the same rental but to commence on 1st May 2025.

2. On 2nd March 2025, under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent. Inspection 3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research. Evidence 4. The Tribunal has considered the written submissions provided by the Tenant and the Landlord.

5. From the information provided it appears that the property comprises of a semi- detached house with lounge, dining room, kitchen, three bedrooms and bathroom.

6. The tenant submits that the kitchen is in a very poor condition and the bathroom is damp.

7. The landlord submits: a) The tenancy commenced on 1st September 2022 and the rent had not been increased since that date. b) Nottingham City Council had inspected the property to ensure it met their standards. c) The proposed rental reflects the market rental of comparable properties in the area. d) A ventilation system had been installed at a cost of £1,782.45. e) Works had been carried out as requested by Nottingham City Council including replacement of radiators, repairs to bedroom door, treat mould to various areas throughout the property, clear all vents, replace roof tile and ensure fire detection devices are working satisfactorily.

3 8. By way of comparable evidence, the landlord submits that Zoopla shows properties in the area with similar accommodation being marketed at rentals between £995.00-£1,950.00 per month. The last 2 properties sold on [ADDRESS] were at £220,000.00 and £225,000.00 respectively, which in the opinion of the landlord should result in a rental of £1,780.00 per month. Determination and Valuation 9. Having considered the comparable evidence proved by the parties and of our own expert, knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition would be in the region of £1,300.00 per month. From this level of rent we have made adjustments in relation to: a) Condition – the kitchen requires upgrading.

10. The full valuation is shown below: Market Rent £1,250.00 per month Less a) Items given under (a) above £50.00 £1,200.00 Decision 11. The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy was £1,200.00 per month with effect from 1st May 2025. Chairman: [NAME]: 17th July 2025 APPEAL PROVISIONS If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.

4 Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination) Housing Act 1988 Section 14 Address of Premises The Tribunal members were 25 [ADDRESS] [POSTCODE] [NAME] [NAME] Landlord [APPELLANT] [ADDRESS] Nottingham NG5 3 GS Tenant [NAME] & [NAME]

1. The rent is: £1,200.00 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1st May 2025 3. The amount included for services is/is not applicable N/A Per 4. Date assured tenancy commenced 1st September 2022 5. Length of the term or rental period Periodic 6. Allocation of liability for repairs Landlord and Tenant Act 1985 7. Furniture provided by landlord or superior landlord None 8. Description of premises A semi-detached house comprising, 2 reception rooms, kitchen, three bedrooms and bathroom. Gardens. Vehicle parking space. [NAME] of Decision 17th July 2025 First-tier Tribunal – Property Chamber File Ref No. BIR/OOFY/MNR/2025/0624